Energy & the Law

Louisiana Court Considers Buried and Surface Flowlines

Energy & the Law

Co-author Brittany Blakey. In Emerald Land Corp. Trimont Energy (BL) LLC , a Louisiana federal court considered whether a lessee was required to remove flowlines buried beneath the surface and canal bottoms of property subject to mineral leases. What the leases said.

2021 130

Statute of Frauds Torpedoes an Overriding Royalty Sale

Energy & the Law

Co-author Brittany Blakey. Here we go again, in Gary and Theresa Poenisch Family Ltd. P’Ship v. TMH Land Servs., learning that a purported Texas land transaction will not be enforced if the parties fail to comply with the Statute of Frauds.

Law 130
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Delaware Bankruptcy Court Treats Royalty Owner Claims as Unsecured

Energy & the Law

Coauthors Sahrish K. Soleja and Lydia Webb. If you are a royalty owner and have questions about how your claim is likely to be treated when your lessee/operator goes into bankruptcy in Delaware, In re MTE Holdings LLC is a significant case.

Law 130

Added Party Can’t Avoid Amended Master Service Agreement

Energy & the Law

Co-author Brittany Blakey. Let’s begin with a question: Master service agreements (“MSA’s” in the trade), once agreed upon, often remain in force for years. As time passes and circumstances change, the parties amend, sometimes losing sight of the original details.

2018 130

Texas Court Rules on a Retained Acreage Clause

Energy & the Law

Co-author Brittany Blakey. Sometimes writing too many alternatives into an oil and gas lease invites confusion … which provokes litigation … which results in disappointment for somebody … or everybody. For example, the central issue in Vermillion FC, LP v.

Louisiana Federal Court Allows Injunctive Relief Under FERC Certificate of Public Convenience and Necessity

Energy & the Law

Coach Eaux congratulates the Tigers for reading Energy and the Law Resistance was futile for defendants opposing a temporary injunction sought by a party armed with a FERC Certificate of Public Convenience and Necessity that includes condemnation rights under the Natural Gas Act.

Addendum Prevails over Form … Again

Energy & the Law

Co-author Brittany Blakey. When the form contract says one thing and the addendum says another, which one would you expect to prevail? The central issue in Tier 1 Resources Partners v. Delaware Basin Resources, LLC was whether one tract that was subject to several identical leases automatically terminated at the end of the primary term. The answer to the question turned on the aforementioned choice. The leases. The Bush lessors leased Sections 6 and 2, in Reeves County, Texas, to DBR.

Law 100

Who Won and Who Didn’t: The 2021 Texas Legislature and Energy

Energy & the Law

Most bills filed in each legislative session fail. For the most part we are thankful for that. But today we summarize a few that survived while you weren’t paying attention. As usual, there are winners, losers, and rainouts.

2021 130

Are There Other Ways to Look at the IPCC 6th Assessment?

Energy & the Law

I prepared this post before Ida. It might now be perceived as cynical, or unsympathetic to the plight of those affected in South Louisiana and the Northeast. Is the intensity of hurricanes exacerbated by global warming? Some say it is ; some say it isn’t.

New Mexico Solar Developer Fails to Establish Prescriptive Easement

Energy & the Law

Co-author David Leonard. McFarland Land & Cattle, Inc. Caprock Solar I, LLC considered what is the required under New Mexico law to establish a public prescriptive easement, and brings to life the full meaning of “100 feet of bad road”. The facts.

Law 130

Louisiana Land Damage Claim Can’t Survive Prescription and Subsequent Purchaser Rule

Energy & the Law

In Lexington Land Development LLC v. Chevron Pipeline Company et a l, a Louisiana landowner’s suit for damages to land alleged to have been caused by oil and gas operations failed to survive exceptions of prescription and the subsequent purchaser rule. The facts.

2005 130

Lessor Prevails in Texas Lease Termination Dispute

Energy & the Law

Lollygag: To fool around and waste time; dawdle. As in, “I lollygagged for 15 years after filing my suit and obtained a less-than-optimal result.”. Gramwich Oil and Gas Corporation et al v.

2015 130

Louisiana Coastal Zone Litigation Likely to Remain in Federal Court

Energy & the Law

In Plaquemines Parish et al. Chevron et al. , the U. Fifth Circuit has ruled on whether 42 suits brought by six parishes and the Louisiana Attorney General against a number of oil companies belongs in federal court or state ourt.

2013 130

Texas Court Addresses Anti-Washout Clause and Rule Against Perpetuties

Energy & the Law

Co-author Brittany Blakey. Yowell v. Granite Op. and Apache Corp. Peyton Royalties, L.P. is another Rule Against Perpetuties case. Keep reading. The anti-washout protection for your reserved overriding royalty could be at risk.

2007 130

Texas Supreme Court Reverses Subsurface Trespass Judgment

Energy & the Law

Regency Field Services LLC v. Swift Energy Operating LLC, draws one’s attention to the difficult analyses that should be made before bringing a subsurface trespass claim.

2009 130

Texas Court Re-iterates the Need For Clearly Defined Contract Terms

Energy & the Law

Co-author Rees LeMay*. In Apollo Exploration, LLC v. Apache Corp. Texas’ 11 th Court of Appeals analyzed several provisions of purchase and sale agreements in a complex oil and gas transaction and demonstrated a measured, text-centered approach to the interpretation of contract language.

Law 130

Texas Court Applies Amended Citizens Participation Act to a Lease Dispute

Energy & the Law

Co-author Rusty Tucker. Howard, et al. Matterhorn Energy, LLC, et al. 6th Dist.] May 4, 2021 considered the Texas Citizens Participation Act as amended, effective on September 1, 2019. Background. The lessors leased their minerals in 1,100+ acres in Harrison County to Matterhorn.

2019 130

Tax Foreclosure on Royalty Did Not Include Possibility of Reverter

Energy & the Law

Co-author Rusty Tucker. Ridgefield Permian, LLC, et al. Diamondback E & P LLC , et al. addresses the scope of a property interest foreclosed upon by a tax suit in Reeves County, Texas. In this post we will shortcut the complicated facts and discuss the takeaways. The rules are what you need.

2021 130

Supreme Court Introduces Totality of the Circumstances Test for Implied Ratification

Energy & the Law

Co-author Rees LeMay*. Ratification is not a game of ‘gotcha’”, said the Texas Supreme Court in BPX Operating Co. Strickhausen. The Court, in a 5-4 opinion, addressed the standard for an oil and gas lessor’s implied ratification of an unauthorized pooling.

Law 130

Try Title vs. Quieting Title: What’s the difference?

Energy & the Law

Co-author Travis Nadalni. If you aren’t quite sure about the difference between trespass to try title and suit to quiet title, Lockhart as Tr. of Lockhart Fam. Bypass Tr. Chisos Mins., LLC explains. But first, …. The facts. Warren Lockhart died.

2002 130

Texas Supreme Court Rules on Correction Deeds in a Case of First Impression

Energy & the Law

Co-author Rusty Tucker. What if you pay good money for a mineral interest and record the deed in the official public records, thereby securing your title?

2013 130

What is “Willful Misconduct” in Texas and Louisiana?

Energy & the Law

CORRECTED. Co-author Ashley Atwood*. Apache Corporation v. Castex Offshore Inc. et al, answers the question, What constitutes willful misconduct in oil field operations? This was a breach of contract suit involving operator Apache and non-operator Castex.

A Long-Running Dispute Over an Acquisition Agreement is Returned to the Trial Court

Energy & the Law

Co-author Rusty Tucker. This is another chapter in the dispute between Eagle Oil & Gas Co. TRO-X, L.P. The litigation arises out of an agreement to acquire and sell oil and gas leases.

2007 130

Ambiguity Foils Right of Way Agreement

Energy & the Law

Co-author Brittany Blakey. The central issue in the Texas case of Cook v. Cimarex Energy Co. : Did Cook grant Cimarex a right of way across Cook’s land to the location of two Cimarex wells. No he didn’t.

Law 130

Texas Legislature to Consider Oil and Gas Lien Law Amendment

Energy & the Law

Co-author Brittany Blakey. Texas lien law in some cases does not require the filing of a financing statement for priority perfection. However, as you might have learned in In re First River Energy , the Delaware Uniform Commercial Code did not recognize the priority of Texas producers’ unfiled, unperfected security interests in proceeds under Texas Business and Commerce Code Section 9.343.

2010 116

“Predecessors” Does Not Include Predecessors-in-Title, Says Court

Energy & the Law

Co-author Brittany Blakey. In Headington Royalty, Inc. Finley Resources, Inc. this release was included in an acreage swap agreement: Headington waives, releases, acquits and discharges Petro Canyon and its affiliates and their respective… predecessors and representatives for any liabilities… related in any way to the Loving County Tract…”. The swap agreement did not explicitly mention Finley Resources, and Finley did not execute the agreement. The question.

Law 100

Climate Change for Landmen and Lawyers – Part 5

Energy & the Law

In the fifth and final installment on the climate change debate, Gray Reed energy partner Paul Yale considers (and responds to) another criticism of Bjorn Lomborg’s False Alarm: How Climate Panic Costs Us Billions, Hurts the Poor, and Fails to Fix the Planet. Joseph Stiglitz in the New York Times negatively reviewed False Alarm ….

A Big Decision on Texas PSA and Allocation Wells? Not so Fast.

Energy & the Law

In Opiela v. Railroad Commission of Texas and Magnolia Oil and Gas Operating, LLC , an Austin district court determined that the Commission’s Final Order granting a permit for a Production Sharing Agreement well in Karnes County did not comply with the Administrative Procedure Act. Here is the Commission’s hearing examiners’ recommendation. It is 18 pages, but we won’t venture into the weeds.

A Different Lesson in Property Stipulations

Energy & the Law

Co-author Brittany Blakey. The Texas Supreme Court in Concho Resources, Inc. Ellison enforced a boundary stipulation involving an unambiguous deed about which there had been no dispute. You can refer to our earlier post to understand the facts, the boundary, and the Court of Appeals decison. More facts.

2008 100

Climate Change for Energy Professionals – Part 4

Energy & the Law

The fourth installment on the climate change debate by Gray Reed energy partner Paul Yale looks at criticisms of Bjorn Lomborg’s False Alarm: How Climate Panic Costs Us Billions, Hurts the Poor, and Fails to Fix the Planet. These short summaries can’t do justice to Paul’s articles, or the books themselves for that matter. I encourage you to read them.

Mother Hubbard Clause Saves a Property Deed

Energy & the Law

Co-author Rusty Tucker. Bell v. Midway Petroleum Grp., L.P. , was a trespass to try title action, suit to quiet title for possession of a land, and a counterclaim for title by adverse possession. There are several … … Takeaways. A Mother Hubbard Clause can save a deed in which the property description fails to satisfy the Statute of Frauds.

2012 100

Fair and Reasonable Offer Required Before Force-Pooling in Texas

Energy & the Law

Co-author Brittany Blakey. Ammonite Oil and Gas Corporation v. Railroad Commission of Texas illustrates the difficulties faced by lessees attempting to force-pool a tract under the Mineral Interest Pooling Act.

Waste 26

Is There a Problem With Nuclear Energy?

Energy & the Law

From the “Not-my-circus-not-my-monkeys” department, after the 10th anniversary of the Fukishima disaster last March my curiosity ventured into the nuclear energy debate. See these observations from those who actually know something about the issue (read the articles themselves for the full story).

Oil and Gas Lease Addendum Supersedes Printed Form

Energy & the Law

Co-author Rusty Tucker. In Apache Corp. Hill, et al. , lessors prevailed in a lease construction dispute because of the court’s unsurprising conclusion that a typewritten addendum to oil and gas leases superseded conflicting provisions in the printed forms. Background.

2016 130

Florida Governor Suppresses the Vote, State University Suppresses the Voting Experts

Union of Concerned Scientists

Scientists everywhere should be outraged at this attempt by the University of Florida to suppress science in a crucial public policy debate. Science and Democracy Scientific Integrity academic freedom florida Ron DeSantis voter suppression Voting rights

2021 277

Lower-Income Households Shouldn’t Pay More for Solar. Congress Can Fix It.

Union of Concerned Scientists

Someone who makes less than I do shouldn't have to pay more for solar than I do. Energy budget reconciliation equity solar power

Calling All Scientists: The Federal Government is Hiring

Union of Concerned Scientists

Here at the Union of Concerned Scientists, we have bad news and good news. First, the bad: The federal scientific workforce—in other words, the scientists and experts who work for the government on behalf of the public—needs help. That workforce is aging quickly. It’s not as diverse as it should be.

After COP26 – Wasted Time or Time Well-Spent?

Union of Concerned Scientists

People blocking progress need to get out of the way. Science Communication climate-change

Waste 195

Photo Essay: Giving Bears Ears and Grand Staircase-Escalante the Protection They Deserve

Union of Concerned Scientists

A visit to Grand Staircase Escalante and Bears Ears National Monuments. Climate Change Scientific Integrity Bears Ears Biden Administration climate-change Grand Staircase-Escalante science-based decision making

5 Ways Rural Drivers Benefit from Electric Vehicles

Union of Concerned Scientists

Rural drivers stand to benefit the most from switching to an electric vehicle (EV), regardless of the state they live in or the type of vehicle they drive. Transportation electric vehicles EVs rural America rural transportation